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HomeMy WebLinkAboutBoard of Adjustment 08-26-04 AGENDA ST. CROIX COUNTY NOTICE OF COMMITTEE MEETING TO: Clarence Malick, Chairman St. Croix County Board FROM: Julie Speer, Chairman COMMITTEE TITLE: St. Croix County Board of Adjustment DATE: Thursday, August 26, 2004 TIME: 8:30 a.m. LOCATION: Government Center, Hudson, Wisconsin CALL TO ORDER: ROLL CALL: ADOPTION OF AGENDA: ACTION ON PREVIOUS MINUTES: DATE OF NEXT MEETING: UNFINISHED BUSINESS: OTHER BUSINESS: 1) Zoning Department request to rescind decision relating to denial of variance for Bjorgan request. OLD BUSINESS: 1) Blake Mintz tabled variance request NEW BUSINESS: * See attached ANNOUNCEMENTS AND CORRESPONDENCE: POSSIBLE AGENDA ITEMS FOR NEXT MEETING: ADJOURNMENT: (agenda not necessarily presented in this order) SUBMITTED BY: St. Croix County Zoning Office DATE: August 13, 2004 COPIES TO: County Board Office County Clerk Committee Members News Media/Notice Board * CANCELLATIONS /CHANGES /ADDITIONS OFFICIAL BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES August 26, 2004 (This hearing recorded by Northwestern Court Reporters) The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A roll call was made. Julie Speer, Art Jensen, Linda Luckey Sue Nelson and Stan Krueger were present. Staff included: Pete Kling, Land and Water Conservation Dept., David Fodroczi, Planning and Zoning Director and Deb Zimmermann, Paralegal /Office Manager. Chairperson Speer believes this to be a properly noticed meeting. Motion was made by Nelson, seconded by Jensen to adopt the agenda. Motion carried. The Board set the next meeting date as September 23, 2004 and will be held in the County Board Room, at the Government Center. The starting time will be 8:30 a.m. MINUTES The minutes from the July 22, 2004 hearing will be adopted at a later date. Motion carried. OLD BUSINESS Lee Biorgan — Driveway Variance Request Staff informed the Board that this variance request was heard on April 22, 2004, and the Board denied the request to allow a driveway to stay in its current location in North Bass Lake Estates. After further review, it was discovered that a driveway variance had been approved in 1995 to allow this driveway to be constructed. The driveway was installed sometime shortly after that. Staff has discussed this situation with Corporation Counsel and suggests that the Board rescind the decision to deny, and allow the driveway to stay in its present location. The previous variance was granted by the Board of Adjustment, and the current driveway was constructed prior to the North Bass Lake Estates being recorded. Motion by Jensen, seconded by Nelson to rescind the decision to deny the variance request for a driveway separation based on new information presented by the staff, and to allow the driveway to remain in its present location on their property in North Bass Lake Estates. Motion carried on a unanimous vote. NEW BUSINESS Chairperson Speer welcomed everyone in attendance and gave a brief overview of how the Board of Adjustment meeting is conducted. Chairperson Speer stated that the public hearing notice was published correctly and was read into the record as follows: AMENDED PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, August 26, 2004 at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance. The Board will view each site in question, after which the Board will deliberate and vote on the appeals. 1. ARTICLE: Variance request to the 133 -foot highway setback of a Class C Highway pursuant to Section 17.64(l)(d )2. Request is construct an addition onto the existing home. APPELLANT: Chris Rykal LOCATION: Section 28, T29N -R15W in the Village of Hersey, Town of Springfield ADDRESS: 292872 d Ave., Wilson, WI 54027 2. ARTICLE: Special Exception permit request for permit to construct an electrical distribution substation pursuant to Section 17.15(6)1. APPELLANT: Dairyland Power Cooperative LOCATION: The NE %4 of the NW 1 14, Section 15, T28N -R19W, Town of Troy. ADDRESS: 656 Glover Road, Hudson, WI 54016 3. ARTICLE: Special Exception request for a permit to construct a mechanical lift and stairway on the property to allow access to the St. Croix River pursuant to Section 17.36(6)(a)4. APPELLANT: Will Carlson LOCATION: Government Lot 2, Section 23, T28N -R20W, Town of Troy ADDRESS: 131 Glenmont Road, River Falls, WI 54022 4. ARTICLE: Variance request to the ordinary high water mark setback requirements of the St. Croix Riverway District pursuant to Section 17.36(5)( c)l. Request is for a 34 -foot variance from the 200 -foot setback requirements of the OHWM of the St. Croix River to construct a garage on an existing footprint. APPELLANT: James P. and Mary Jean Mamie LOCATION: Part of Gov. Lot 2 of Sectoin 26, T28N -R20W, Town of Troy ADDRESS: 175 Glenmont Road, River Falls, WI 5. ARTICLE: Special Exception permit request for a contractors storage yard pursuant to Section 17.15(6)(d). Request is to allow the applicant to replace an existing shed on the property to house plumbing trucks and supplies in the Ag/Residential District. APPELLANT: Mark and Glenda Brown LOCATION: The SW %4 of the NW %4 of Section 30, T30N -R19W, Town of St. Joseph ADDRESS: 328 County Road E, Houlton, WI 54082 6. ARTICLE: Special Exception request to permit a commercial business in the Commercial District pursuant to Section 17.18(1)(a). Request is to house a dental office in an existing commercial building. APPELLANT: Wells Fargo Bank, owner /Dr. Mark Huepfel & Brian Zeller, Agents LOCATION: Lot 7, Block 8, Plat of the Village of Houlton, Town of St. Joseph ADDRESS: 49 County Road E, Houlton, WI 54082 7. ARTICLE: Item 1: Variance request for filling and grading on slopes greater than 12% in the St. Croix Riverway District pursuant to Section 17.36(5)(1) Item 2: Special Exception request for land division in the St. Croix Riverway District pursuant to Section 17.36(5)(a)1. Item 3: Special Exception request for filling and grading in the St. Croix Riverway District pursuant to Section 17.36(6)(a)3. 2 Item 4: Special Exception request for filling and grading on slopes in excess of 20% pursuant to Section 17.15(6)(t). * ITEM 5: Variance request to remove vegetation to gain access to a parcel of land in the St. Croix Riverway District pursuant to Section 17.36(5)(k) l . APPELLANT: C.A. and Jeanette Richards, owner/ Sienna Corp., agent LOCATION: The SW ' / 4 of the SE ' / 4 and the SE ' / 4 of the SE ' / 4, Section 1, T29N- R20W, Town of St. Joseph ADDRESS: Gov. Lot3 and 4, Section 1, Town of St. Joseph All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the office of the St. Croix County Zoning Director, Hudson, Wisconsin at (715) 386 -4680. Julie Speer, Chairperson St. Croix County Board of Adjustment The hearing was opened at 8:30 a.m. and testimony taken and recorded by Northwestern Court Reporters. The Board recessed from 11:15 to 3:40 p.m. to view the sites. After hearing testimony on the above articles, reviewing the material in the record, and conducting a site visit, the Board rendered the following decisions: Old Business: Blake Mintz Motion by Nelson, seconded by Speer to approve the after- the -fact special exception request for disturbing slopes greater than 20% and for an after- the -fact variance to grade on slopes 12% or greater in the St. Croix Riverway District for an access to serve the property, based on the following findings: 1. There was no opposition to the request. 2. The Town of St. Joseph recommended approval of the request. 3. The Land and Water Conservation Department has reviewed and approved of the plans for the project. 4. The access was professionally designed and installed. 5. The Department of Natural Resources did not submit and objection to the request. 6. The Board finds that the spirit and intent of the ordinance would be met by granting the requests. With the following conditions: 1. This is an after - the -fact permit for the grading of slopes greater than 20% to serve as an access to a building site on the property. 2. The applicant shall install dangerous and steep driveway reflective signs where the driveway intersects the road right -of -way. The signs shall be placed in plain sight of those who may use the driveway. 3. Any minor change or addition to the project, including but not limited to design of the project, shall require review and approval by the Zoning Administrator and the Land and Water Conservation Department prior to making the change or addition. Any major change or addition to the originally approved plan will have to go through the special exception approval process. 3 4. The applicant shall have one (1) year from the issuance of the special exception permit to commence construction. Failure to do so shall result in revocation of the special exception permit. If the special exception permit expires before construction commences, the applicant will be required to secure a new special exception permit before starting or completing construction on the project. 5. These conditions may be amended or additional conditions may be added if unanticipated conditions arise that would affect the health and/or safety of citizens or degrade the natural resources of St. Croix County. Conditions will not be amended or added without notice to the applicant and an opportunity for a hearing. 6. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. The following vote was taken to approve: Krueger, yes; Jensen, yes; Nelson, yes; Luckey, no; Chairperson Speer, yes. Motion carried on a 4 -1 vote. New Business C.A. and Jeannette Richards Motion by Krueger, seconded by Luckey to table the applicant's requests for a special exception permit for filling and grading, and land division and for the variance requests for filling and grading and vegetation removal, all located in the St. Croix Riverway District. The Board finds that more information is needed to render a decision. The Board asked that the applicant work with the Land and Water Conservation Department to address the concerns expressed in a letter dated August 19, 2004, from Pete Kling. The following vote was taken to table: Nelson, yes; Jensen, yes; Krueger, yes; Luckey, yes; Chairperson Speer, yes. Motion carried. Chris Rykal Motion by Nelson, seconded by Krueger to approve the request for a 31 -foot variance from the centerline of 72nd Avenue (Class E road) to allow an addition onto the existing home, based on the following findings: 1. The Board of Adjustment finds that the requirements have been met to grant the variance pursuant to Section 17.64(1)(e)2 of the St. Croix County Zoning Ordinance. 2. The Town of Springfield has issued a building permit for the addition. 3. The road (72 Avenue) is a Class E road, in the Village of Hersey, with very low traffic and a 25 m.p.h. speed limit. 4. The addition being added onto the structure will not be closer to the road than what already exists. 5. There was no opposition to the request. 6. The Board finds that granting this variance will not be contrary to the public interest. 7. The Board finds that the spirit and intent of the ordinance will be met by granting the variance request. The following vote was taken to approve: Nelson, yes; Jensen, yes; Krueger, yes; Luckey, yes; Chairperson Speer, yes. Motion carried. 4 Dairyland Power Motion by Speer, seconded by Jensen to approve the request for a special exception to locate an electrical distribution substation on a site in the Ag/Residential District based on the following findings: 1. The Board of Adjustment finds that the requirements have been met to grant the request pursuant to Section 17.16(6)1 of the St. Croix County Zoning Ordinance. 2. The Board finds that approval of the Town of Troy was given through the sale of the land, to the applicant, and a representative from the Town of Troy was present at the hearing. 3. The Board finds that there will be no impact on the surrounding landowners. 4. The Board finds that by granting the request, it will serve a public need for St. Croix County residents. 5. The plans for the project have been designed by a professional engineer. 6. There was no opposition to the request. 7. The Board finds that the spirit and intent of the ordinance will be met by granting the request. With the following conditions: 1. The applicant shall follow the plans submitted in the application for the structure and landscaping. (Maintain building setbacks for all structures) 2. The applicant must secure a town building permit prior to commencing site preparation. 3. All exterior lighting must be illuminated downward along the building and is to be shielded away from neighboring properties. 4. The applicant is to work with the staff on a revised landscaping plan. The revised plan should be submitted to include additional trees, 6 to 8 foot in height, 15 -foot on center, along Highway 35, where it will not interfere with electrical lines of the vision triangle. 5. Any minor change or addition to the project, including but not limited to installation of the fiber optic substation and related equipment, shall require review and approval by the Zoning Director prior to making the change or addition. 6. Any major change and/or addition to the originally approved plan will go through the special exception approval process, where applicable, as stated in the ordinance. 7. The applicant shall have one (1) year from the issuance of the special exception permit to commence construction. If the special exception permit expires before construction commences, the applicant will be required to secure a new special exception permit before starting or completing construction on the project. The following vote was taken to approve: Jensen, yes; Nelson; yes; Luckey, yes; Krueger, yes; Chairperson Speer, yes. Motion carried. Will Carlson Motion by Krueger, seconded by Nelson to approve the request for an after- the -fact special exception permit for a mechanical lift in the St. Croix Riverway District, based on the following findings: 1. The Board of Adjustment finds that the requirements have been met to grant the special exception request pursuant to Section 17.36(6) of the St. Croix County Zoning Ordinance. 5 2. There was no opposition to the request. 3. Based on testimony at the public hearing, the Department of Natural Resources stated they have no objections to the request. 4. The request is a permitted use in the St. Croix Riverway District with a special exception permit. 5. The Board finds that the spirit and intent of the ordinance will be met by granting this variance. With the following conditions: 1. The applicant shall comply with the provisions of Section 17.36 (5)(i) lifts. 2. No reflective glass to be on the lift. 3. Comply with all DNR requirements and obtain any permits necessary. 4. A recommendation from the Town of Troy should be submitted to the Zoning Department. 5. Screening of the lift shall be completed within 5 years of the construction, pursuant to Section 17.36(5)(k) of the St. Croix County Ordinance. 6. The applicant shall submit a certification by a registered professional engineer or architect that the lift components are securely anchored to prevent them from shifting and from causing accelerated erosion. 7. The applicant shall have one (1) year from the issuance of the Special Exception permit to commence construction. If the Special Exception permit expires, the applicant will be required to secure a new Special Exception permit before the mechanical lift can be constructed. 8. Any minor change (or addition) in expansion of the project, shall require review and approval by the Zoning Director. Any major change and/or addition to the originally approved plan will go through the special exception approval process, where applicable, as stated in the ordinance. 9. These conditions may be amended or additional conditions may be added if unanticipated conditions arise that would affect the health and/or safety of citizens or degrade the natural resources of St. Croix County. Conditions will not be amended or added without notice to the applicant and an opportunity for a hearing. 10. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. The following vote was taken to approve: Krueger, yes; Luckey, no; Jensen, yes; Nelson, yes; Chairperson Speer, yes. Motion carried. Motion carried on a 4 -1 vote. Jim and Mary Jean Marnie Motion by Krueger, seconded by Jensen to approve the request for a variance to allow the applicant to construct a garage, in an existing footprint, 166 -feet from the ordinary high water mark of the St.Croix River, based on the following findings: 1. The Board of Adjustment finds that the requirements have been met to grant the variance pursuant to Section 17.36(5)(c)1 of the St. Croix County Zoning Ordinance. 2. The Town of Troy has recommended approval of the request. 3. The Department of Natural Resources had no objection to the request. 4. There was no opposition. 5. The Board finds that the request is not contrary to the public interest. 6 6. The Board finds that the spirit and intent of the ordinance would be met by granting this variance. With the following conditions: 1. The applicant is to contact the Land and Water Conservation Department prior to commencing construction, and address the concerns addressed in the LWCD letter dated August 19, 2004 from Pete Kling, 2. The proposed garage cannot exceed 35 -feet in height from the ground floor of the existing house. The following vote was taken to approve: Krueger, yes; Luckey, yes; Nelson, yes; Jensen, yes; Chairperson Speer, yes. Motion carried. Mark and Glenda Brown Motion by Krueger, seconded by Nelson to approve the request for a special exception permit to operate a contractor's storage yard in the Ag /Residential District, based on the following findings: 1. The Board of Adjustment finds that the requirements have been met to grant the special exception request pursuant to Section 17.15(6)(d) of the St. Croix County Zoning Ordinance. 2. The property is well screened from the neighboring residence. 3. The new building being proposed will be in substantial conformance with the ordinance, and the removal of the old building, will improve the conditions currently at the site. 4, The Town of St. Joseph has recommended approval of the request. 5. The request is a permitted use in the Ag /Residential District with a special exception permit. 6. There were no objections to the request. 7. The Board finds that the request is not contrary to the public interest. 8. The Board finds that by granting this request, the spirit and intent of the ordinance will be met. With the following conditions: 1. This permit is for allows the applicant to maintain a contractor storage yard to store equipment and supplies related to the plumbing business. 2. Deliveries shall be limited to the hours of 8 a.m. to 6 p.m. 3. The contractor storage yard must be screened. No additional screening is required as long as all items and vehicles are confined to the proposed building. 4. Applicant must secure any necessary town building permit approvals prior to commencing construction. 5. The property shall be kept in a neat and orderly manner. No junk, junk cars or garbage shall be allowed to accumulate on the property that may attract rodents or pose a threat to the health, safety and welfare of those citizens of St. Croix County. 6. No onsite retail sales are allowed. 7. Security lighting to be installed. Lighting must be illuminated downward and is to be shielded away from neighboring properties. (A light plan may be required, if warranted) 8. No hazardous materials to be stored inside the facilities. 7 9. The applicant must allow free and unlimited access to the project site at any reasonable time to any Zoning Office employee to inspect the property for compliance with these conditions. 10. The applicant shall have the zoning administrator review this special exception permit in two years from the approval date for compliance with this approval (August 2006). 11. Any change (or addition) in use, or expansion of the project, including building, signage, shall require review and approval by the zoning administrator and in some circumstances through the Special Exception approval process, where applicable, as stated in the ordinance. 12. The applicant shall have one (1) year from the issuance of the special exception permit to commence the construction. Failure to do so shall result in revocation of the special exception permit. If the special exception permit expires before business commences the applicant will be required to secure a new special Pp q exception permit before starting or completing the project. 13. These conditions may be amended or additional conditions may be added if unanticipated conditions arise, that would affect the health and/or safety of citizens or degrade the natural resources of St. Croix County. Conditions will not be amended or added without notice to the applicant and an opportunity for a hearing. 14. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. The following vote was taken to approve: Luckey, yes; Nelson; yes; Krueger, yes; Jensen, yes; Chairperson Speer, yes. Motion carried. Wells Fargo/ Dr. Mark Huepfel Motion by Jensen, seconded by Krueger to approve the special exception request to locate a dental office in an existing commercial building in the Village of Houlton, based on the following findings: 1. The Board of Adjustment finds that the requirements have been met to grant the special exception permit pursuant to Section 17.18(1)(a) of the St. Croix County Zoning Ordinance. 2. There was no opposition to the request. 3. The Board finds that use is compatible with the surrounding commercial uses, and is a good business to locate at this site. 4. The Board finds that the request is not contrary to the public interest. 5. The Board finds that by granting this request, the spirit and intent of the ordinance will be met. With the following conditions: 1. This special exception use permit is to allow the applicant to locate a dental office in an existing structure on this property. Each commercial use requires a separate special exception. 2. Landscaping/Screening:The property owner shall maintain the landscaping that is currently on the property. This is an existing commercial site, and there have been no complaints in the past with regard to screening issues. 3. Applicant to maintain a minimum of 1 paved parking space for each 200 -sq. ft. of ground floor area. 8 4. Applicant to maintain proper state licensing to operate the business. 5. The property shall be kept in a neat and orderly matter. 6. The cumulative onsite signage advertising the business shall not to exceed 100 square feet, and maximum height of 35 ft. This sign must be located a minimum of 10 ft. from all property lines. Any other signage must be approved by the zoning department and must strictly adhere to the St. Croix County Signage Ordinance. 7. This approval does not include storage of hazardous materials onsite. 8. Hours of operation to be from 7:00 am to 8:00 p.m. / Monday — Saturday. 9. Lighting must be illuminated downward and is to be shielded away from neighboring properties. 10. The applicant shall have the zoning administrator review this special exception permit in two years from the approval date for compliance with this approval (August 2006). 11. Any change (or addition) in use, or expansion of the project, including building, signage, shall require review and approval by the zoning administrator and in some circumstances through the Special Exception approval process, where applicable, as stated in the ordinance. 12. The applicant shall have one (1) year from the issuance of the special exception permit to commence the business. Failure to do so shall result in revocation of the special exception permit. If the special exception permit expires before business commences, the applicant will be required to secure a new special exception permit before starting or completing the project. 13. These conditions may be amended or additional conditions may be added if unanticipated conditions arise that would affect the health and/or safety of citizens or degrade the natural resources of St. Croix County. Conditions will not be amended or added without notice to the applicant and an opportunity for a hearing. 14. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. The following vote was taken to approve: Nelson, yes; Jensen, yes; Luckey, yes; Krueger, yes; Chairperson Speer, yes. Motion carried. Meeting was declared adjourned at 5:25 p.m. Respectfully submitted: Sue Nelson, Secretary Debra Zimmermann, Recording Secretary 9